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The Limits of Freedom of Contract

Cambridge: Harvard University Press (1997)

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  1. Was bedeutet es, "Märkte einzubetten"? Eine Taxonomie.Lisa Herzog - 2016 - Zeitschrift für Praktische Philosophie 3 (1):13-52.
    Der Aufsatz untersucht, was mit der Metapher von der moralischen "Einbettung" von Märkten gemeint ist. Zunächst werden verschiedene Formen der deskriptiven Einbettung - soziologisch, rechtlich, und institutionell - unerschieden, was zu der These führt, dass kein Markt in einem deskriptiven Sinn „uneingebettet“ ist, und dass die Frage nach Einbettung nicht alleine durch die Betrachtung von Märkten beantwortet werden kann, sondern eine breitere institutionelle Analyse erfordert. Anschließend wird vorgeschlagen, Einbettung im moralischen Sinn als die Forderung nach der Vermeidung verschiedener Formen von (...)
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  • (1 other version)The Right to Withdraw from Research.G. Owen Schaefer & Alan Wertheimer - 2010 - Kennedy Institute of Ethics Journal 20 (4):329-352.
    The right to withdraw from participation in research is recognized in virtually all national and international guidelines for research on human subjects. It is therefore surprising that there has been little justification for that right in the literature. We argue that the right to withdraw should protect research participants from information imbalance, inability to hedge, inherent uncertainty, and untoward bodily invasion, and it serves to bolster public trust in the research enterprise. Although this argument is not radical, it provides a (...)
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  • Choice, consent, and the legitimacy of market transactions.Fabienne Peter - 2004 - Economics and Philosophy 20 (1):1-18.
    According to an often repeated definition, economics is the science of individual choices and their consequences. The emphasis on choice is often used – implicitly or explicitly – to mark a contrast between markets and the state: While the price mechanism in well-functioning markets preserves freedom of choice and still efficiently coordinates individual actions, the state has to rely to some degree on coercion to coordinate individual actions. Since coercion should not be used arbitrarily, coordination by the state needs to (...)
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  • Moral sentiments and reciprocal obligations: The case for pension fund investment in community development.Gordon L. Clark - 2000 - Ethics, Place and Environment 3 (1):7 – 24.
    Squeezed between increasing entitlement expenditures and static or declining real revenues, state-funded urban development is increasingly perceived as an unaffordable luxury. At the same time, the power and significance of the banking sector is giving way to new kinds of financial institutions that have little or no interest in community development. Not surprisingly, it is often argued that pension funds ought to be more sensitive to community needs. However, some analysts argue that pension funds are properly only the agents of (...)
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  • Moral sentiments and reciprocal obligations: The case for pension fund investment in community development.Gordon L. Clark - 2000 - Philosophy and Geography 3 (1):7-24.
    Squeezed between increasing entitlement expenditures and static or declining real revenues, state‐funded urban development is increasingly perceived as an unaffordable luxury. At the same time, the power and significance of the banking sector is giving way to new kinds of financial institutions that have little or no interest in community development. Not surprisingly, it is often argued that pension funds ought to be more sensitive to community needs. However, some analysts argue that pension funds are properly only the agents of (...)
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  • Public Health Ethics, Legitimacy, and the Challenges of Industrial Wind Turbines: The Case of Ontario, Canada.Martin Shain - 2011 - Bulletin of Science, Technology and Society 31 (4):346-353.
    While industrial wind turbines (IWTs) clearly raise issues concerning threats to the health of a few in contrast to claimed health benefits to many, the trade-off has not been fully considered in a public health framework. This article reviews public health ethics justifications for the licensing and installation of IWTs. It concludes that the current methods used by government to evaluate licensing applications for IWTs do not meet most public health ethical criteria. Furthermore, these methods are contrary to widely held (...)
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  • Critical notice too much invested to quit.Arthur Ripstein - 2004 - Economics and Philosophy 20 (1):185-208.
    Faculty of Law and Department of Philosophy, University of Toronto 1. INTRODUCTION The economic analysis of law has gone through a remarkable change in the past decade and a half. The founding articles of the discipline – such classic pieces as Ronald Coase’s “The problem of social cost” (1960), Richard Posner’s “A theory of negligence” (1972) and Guido Calabresi and Douglas Malamed’s “Property rules, liability rules, and inalienability: One view of the cathedral” (1972) – offered economic analyses of familiar aspects (...)
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  • Industrial Wind Turbine Development and Loss of Social Justice?Carmen M. E. Krogh - 2011 - Bulletin of Science, Technology and Society 31 (4):321-333.
    This article explores the loss of social justice reported by individuals living in the environs of industrial wind turbines (IWTs). References indicate that some individuals residing in proximity to IWT facilities experience adverse health effects. These adverse health effects are severe enough that some families have abandoned their homes. Individuals report they welcomed IWTs into their community and the negative consequences were unexpected. Expressions of grief are exacerbated by the emotional and physical toll of individuals’ symptoms, loss of enjoyment of (...)
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  • Assessing the Remedy: The Case for Contracts in Clinical Trials.Sarah J. L. Edwards - 2011 - American Journal of Bioethics 11 (4):3-12.
    Current orthodoxy in research ethics assumes that subjects of clinical trials reserve rights to withdraw at any time and without giving any reason. This view sees the right to withdraw as a simple extension of the right to refuse to participate all together. In this paper, however, I suggest that subjects should assume some responsibilities for the internal validity of the trial at consent and that these responsibilities should be captured by contract. This would allow the researcher to impose a (...)
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